Sexual Assault on Minor: SC Grants Anticipatory Bail to Suspended WCD Officer’s Children

The Supreme Court has granted anticipatory bail to the daughter and son of suspended Delhi women and child development (WCD) department official Premoday Khakha in connection with the alleged sexual assault of a minor girl by the arrested government officer.

A bench of Justices CT Ravikumar and Rajesh Bindal granted the relief, acknowledging that the petitioners have cooperated with the ongoing investigation.

“After going through the statement, and hearing learned counsel on both sides and after perusing the material on record, we are of the view that these Special Leave Petitions can be disposed of, directing the release of the petitioners on bail in the event of their arrest on furnishing a bond of Rs 25,000, subject to the satisfaction of the Investigating Officer and further subject to the conditions stipulated under section 438(2), CrPC,” the order stated.

On October 11 last year, the Delhi High Court had declined to grant anticipatory bail to Khakha’s daughter and son, asserting that their “comprehensive interrogation” was necessary at this stage. The high court observed that the siblings were “untraceable,” and granting pre-arrest bail could potentially hinder the nascent investigation.

While acknowledging the relevance of their personal liberty, the high court considered the nature of the alleged offences, committed over a period after the victim had recently lost her father. Other factors, including their shared residence at the relevant time, were deemed significant.

Accused of abetting the crime, the official’s son and daughter sought pre-arrest bail in the high court after being unsuccessful in obtaining relief from the trial court.

Khakha, arrested in August, is currently in jail for allegedly raping the minor girl multiple times between November 2020 and January 2021. The survivor was known to the accused, being the daughter of a person associated with him, as per the police.

Seema Rani, the official’s wife accused of administering medicine to terminate the girl’s pregnancy, is also in judicial custody. The couple was arrested following the survivor’s statement recorded before a magistrate at a hospital.

A case has been registered under the POCSO Act and Indian Penal Code sections 376(2)(f), 509, 506, 323, 313, and 120B, addressing criminal acts ranging from rape to criminal conspiracy.